Orina v Republic [2025] KEHC 3725 (KLR)

Orina v Republic (Criminal Revision 196 of 2024) [2025] KEHC 3725 (KLR) (26 March 2025) (Ruling)

Neutral citation: [2025] KEHC 3725 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 196 of 2024

DR Kavedza, J

March 26, 2025

Between

Brian Orina

Applicant

and

Republic

Respondent

Ruling

1. This file was opened for purposes of considering whether the convict Brian Orina is suitable for consideration of his sentence review in the spirit of prison decongestion pursuant to the Chief Justice Memo dated 7th December 2022.

2. The applicant was convicted for the offence of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act, No. 3 of 2006. He was sentenced on 28th January 2016 to thirteen (13) years imprisonment.

3. According to the report dated 7th August 2024 on record the Applicant has served eight years and seven months of his sentence of thirteen years imprisonment.

4. Due to the seriousness of the offence, I therefore find that the Applicant is not eligible for a non-custodial sentence and decline to release him. The applicant to serve the full sentence to completion.

Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 26THDAY OF MARCH 2025________________D. KAVEDZAJUDGE